Terms and conditions of use – ProprioLocationmc
Last updated: February 9, 2021
General terms and conditions
The website ProprioLocation.com including the Electronic Rental Application and Lease (hereinafter the "Website") is operated by the Corporation des propriétaires immobiliers du Québec inc. (hereinafter "CORPIQ", or "we" or "us"). The Website makes available to its users (hereinafter "User" or "you") an online platform that allows them to make and/or fill out a rental application, to transmit the information collected to ProprioEnquête®; to create, generate and sign a real estate lease electronically.
This Agreement shall be governed by and construed in accordance with the laws applicable in the Province of Quebec, without regard to its conflict of laws provisions.
The Conditions of Use may be modified by CORPIQ at any time and at its sole discretion.
"ProprioLocationmc" refers to both the entity that operates the Website, the service offered or a combination in whole or in part of the foregoing definitions;
"Content" means all textual information and visual elements (photos, videos, logos) used on the rental application and the electronic lease;
"Lessor" or "Landlord" means the person who uses the services of Kangalou or ProprioLocation.com, in his capacity as owner or as a person duly authorized by a building owner (including a delegate or manager);
"Tenant Applicant" refers to the person who uses the rental application to find a rental unit for himself or herself;
"Lessee" refers to the person to whom the dwelling will be rented and who will sign the electronic lease.
To register and use the Services, you must:
- provide true, accurate, current and complete information at all times;
- do not use the Service on behalf of a natural person other than yourself, unless authorized in writing by the Owner (if the Owner has appointed you as its agent);
- to the extent that you are acting on behalf of any company operating in any legal form, represent and warrant that you are duly authorized to enter into this Agreement;
- not use someone else's account and password or attempt to access another person's or company's account;
- provide the personal, payment or other information that the CORPIQ deems necessary in order to offer the Services.
You are authorized to use the Services only in the manner and under the conditions described herein and in accordance with the applicable laws of the Province of Quebec. Any use for republication, redistribution, resale or any other form of exploitation of the content is prohibited.
You will be solely responsible for all losses, damages and additional costs that you, CORPIQ or any other person may incur due to the fact that you have provided false, inaccurate, incorrect or incomplete information or due to your failure to update your user account and payment information.
The User undertakes to indemnify CORPIQ for any amount it may be required to pay as damages due to an act or omission attributable to the User.
User account and login
Some of the features available on the Website require registration. When this is the case, you agree to provide all truthful and up-to-date information about yourself, and to update this information promptly if necessary to ensure that it remains accurate and complete. You also acknowledge that you are responsible for:
- maintain the confidentiality of the passwords that you choose or that are assigned to you following your registration;
- any activity that takes place under your username or password;
- leave the site securely and log out of your account at the end of each session;
- immediately change your password if its confidentiality is compromised;
- immediately notify CORPIQ of any unauthorized use of your username or password.
When you create a user account, you confirm that the e-mail address you provide and your user account are active addresses at which you agree to receive any material intended for you and transmitted to you through the Services and confirm that the transmission of any material to that address or to your user account will result in a presumption of receipt by you. It is your responsibility to notify us immediately of any change in your email address.
Your CORPIQ member account
In order to benefit from the rebates granted to CORPIQ members, it is your responsibility to write the number on the back of your CORPIQ card in order to associate your ProprioLocationmc account with your CORPIQ member benefits. Under no circumstances will CORPIQ refund you if this information is missing.
Terms of Services
CORPIQ may modify and develop the Services and the Website without prior notice.
CORPIQ aims to ensure optimal access and the highest possible availability of the Services. Nevertheless, CORPIQ cannot guarantee uninterrupted access to the Services and the Website or the availability of public networks, and reserves the right to interrupt access, in particular in the following cases:
- for the maintenance needs of the Services, including updates;
- for the improvement and installation of new functionalities;
- for the verification and audit of the proper functioning and use of the Services;
- in case of failure or risk of failure;
- CORPIQ reserves the right to define a maximum amount of disk space and a maximum amount of Content that you may store on its servers.
The CORPIQ keeps your information for the length of time it is reasonably required for the purposes of providing the Services or as required by law. See our regulation on the protection of personal data.
Use of services
You agree not to do any of the following while using the Services:
- Use communication services in association with surveys, contests, pyramid schemes, chain letters, junk mail, spam, or duplicative or unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, stalk, threaten or otherwise violate the legal rights (such as the right to privacy and the right of publicity) of others.
- Publish, post, upload, distribute or disseminate inappropriate, hateful, profane, libelous, defamatory, obscene, obscene, indecent or unlawful topics, names, materials or information.
- Upload or otherwise make available files that contain images, photos, software or other material protected by intellectual property laws, including, but not limited to, copyright or trademark laws (or by rights of privacy or publicity).
- Use any materials or information, including images or photographs, that are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party.
- Upload files to the server that contain viruses, Trojan horses, worms, logic bombs, cancelbots, corrupted files or other similar software or programs that may damage the operation of a third party's computer or the property of a third party.
- Violate any code of conduct or other guidelines applicable to a particular communication service.
- Collect or otherwise collect information about other individuals, including e-mail addresses.
- Violate applicable laws or regulations.
- Creating a false identity in order to deceive others.
- Use, download or otherwise copy, or provide (whether for a fee or free of charge) to any person or entity a directory of users of the Services or any other information relating to users or the use or any part of such information.
CORPIQ does not control or endorse the content, messages or information found on any service; therefore, CORPIQ expressly disclaims any liability for the services and actions resulting from your participation in any service. The Website validates only the owner's email and does not make any judgment about the owner's person, the quality of his or her accommodations or the characteristics of the individual.
Communications between users
The ProprioLocationmc Website is a service from which prospective tenants, tenants and landlords communicate with each other. The CORPIQ declines all responsibility with respect to the content of these communications. The CORPIQ is not a party to any contracts that may be entered into between users of the Website. Therefore, CORPIQ is in no way responsible for losses or claims related to these contracts, or for any other prejudice that may result from the use of the Website or the actions of other users of the Service.
Under no circumstances may users use the e-mails used on ProprioLocationmc to advertise, sell or otherwise solicit for goods or services other than those provided by the service.
Use of ProprioLocationmc for discriminatory purposes
The ProprioLocationmc website is established in such a way as to respect the Quebec Charter of Human Rights and Freedoms regarding equal access to housing without regard to race, color, religion, sex, gender identity or expression, sexual orientation, pregnancy or parental leave, civil status, ethnic or national origin, age (except to the extent provided by law), political convictions, language, social condition, handicaps or the means to palliate these handicaps. The requirement for a candidate is to be able to meet financial responsibilities. Consequently, users of ProprioLocationmc are prohibited from discriminating on the basis of the personal characteristics of a candidate tenant or any other person when using this website.
Some Services are offered free of charge to the User, while other Services are subject to a fee. The User undertakes to read the pricing and to pay the fees, when applicable, in accordance with the conditions set forth on the Website, including in the event of a failure of the Website while the service has been provided.
Fees are non-refundable unless required by law. You must provide accurate and complete contact and billing information. ProprioLocationmc may suspend or terminate the Service if fees are overdue. ProprioLocationmc may, at any time, inform you of a change in the fees, terms and conditions of the Service.
Your mobile operator may impose charges on data, text messages, or other communications made on its network in connection with the use of the rental application service, for which CORPIQ assumes no responsibility. CORPIQ advises its users to check with their mobile telephone operator in order to determine the exact fees incurred in the context of their use of the ProprioLocation service.
You agree not to copy, distribute, display, broadcast or reproduce any information on the Web Site without prior written authorization from CORPIQ. All articles, texts, illustrations, images, photographs, information, clips, software and code available on the Web Site, including the manner in which the content is presented, are protected by Quebec, Canadian and foreign laws, including copyright laws, and belong to CORPIQ.
The use of the Lease form has been authorized by Le Ministère du Travail et de la solidarité sociale (MTESS), acting under the name "Les Publications du Québec".
"ProprioLocation" is a trademark used by CORPIQ to identify the Web Site, the service and related business. You agree not to use the trademark without CORPIQ's prior written consent.
Disclaimer of Liability and Exclusion of Warranty
CORPIQ, its suppliers, its partners, as well as their directors, officers, employees and consultants may in no way be held responsible for any damage resulting in any way whatsoever from access to or use of the Website.
CORPIQ does not guarantee the accuracy or conformity of the Content published on the Website, and you acknowledge that you are advised that the Content submitted by users of the Website is published as is without prior verification.
CORPIQ is not liable for any failure to provide the Services, including any failure, disruption, interruption, delay, whether foreseen or not, whether intentional or not, of the Website and which could limit access to or use of the Website temporarily or definitively.
You acknowledge that CORPIQ is not responsible for events beyond its control, including, without limitation, acts of God, war, insurrection, riots, terrorism, criminality, labour shortages (including legal and illegal strikes), embargoes, disruption of communication, unavailability of payment processors, insufficiency or lack of infrastructure, or any other event beyond the control of CORPIQ.
CORPIQ reserves the right to terminate this Agreement and/or revoke your right to use the Website or any part thereof, as well as any other authorization granted to you under this Agreement, at any time without cause and without prior notice, at its sole discretion. You agree that, at the request of CORPIQ, you will take immediate measures to stop all use of ProprioLocationmc and recover your content within a maximum period of thirty (30) days of termination.
You may not assign your rights and/or obligations under this Agreement to another party without the prior written consent of CORPIQ. CORPIQ may assign its rights and/or obligations under this Agreement to any other party at its discretion.
Confidentiality - Collection and use of your information Identification
At the time of registration, personal information is collected for identification purposes such as your name, address or P.O. Box, geolocation data, or any other information deemed relevant to provide the Services. This information, of a private nature, will only be used for the purpose of providing the Services and will only be disclosed in accordance with this Agreement.
When you visit the Web Site, CORPIQ obtains non-identifying information, such as the IP address, the referring URL, the browser, the operating system, cookie information, and the Internet service provider. This information helps CORPIQ in its analysis of your browsing habits in order to improve the Website. This information may be gathered in collective data and shared, but will not disclose your identity or personal information, nor will it allow recipients to communicate with you. You can also disable the cookie function by changing your browser settings.
Property asset information
All the information on the Website concerning your real estate assets will not be disclosed to third parties under any circumstances. It will only be used for the purpose of offering you the Services.
CORPIQ uses this information in order to:
- Providing the Services;
- Improving the user experience;
- Collecting statistics;
- Efficiently process the operations and transactions of the Website;
- You will notify us of updates, information and changes, including the e-newsletter and notifications of changes to this Agreement;
- Take any other action necessary to protect the security or ensure the proper functioning of the Website;
- Inform you about the operation or services offered by ProprioLocation or CORPIQ in accordance with the express or implied consents you have given;
Contact the CORPIQ